Man Shot And Wrongfully Detained By Police Wins R530,000 Court Payout In Mpumalanga

When Patrick Khoza accepted a lift in a silver hatchback in August 2020, he had no idea the ride would end with a bullet wound, a hospital stay under police guard, and a night spent on the floor of a holding cell. Nearly six years later, the Mpumalanga High Court has ruled that the police were in the wrong and ordered the Minister of Police to pay him R530,000 in damages.

A Routine Lift Turns Into A Life-Changing Ordeal

Khoza was travelling with two other men when the driver suddenly stopped the car and fled, claiming he needed to fetch a spare wheel. Moments later, Khoza heard a gunshot and felt a scorching pain tear through his right arm and chest. He insisted that nobody in the vehicle fired on police officers.

Khoza was hospitalised for three days, then detained for another night in a cell he described as cramped and dirty. He slept on the floor and was released without ever being charged.

Police Version Unravels In Court

In court, Sergeant Makamu claimed police were responding to a tip-off about a suspected stolen silver hatchback. He alleged that as officers approached, a gunshot was fired from the passenger side and that his colleague, Sergeant Nkosi, was wounded.

But the police account began to fall apart under scrutiny. Makamu initially said they found a 9mm pistol with two rounds. In his written statement, the weapon was described as a revolver. Under cross-examination, he switched back to saying it was a revolver and later conceded the firearm was, in fact, a toy gun.

The court questioned why, if Nkosi had truly been shot, Khoza was never charged with attempted murder. No clear answer was provided and, notably, Nkosi himself was never called to testify.

Judge Rejects Police Claims

Acting Judge T Ngwenya dismissed the police narrative outright, calling their evidence of gunfire from the vehicle “untrue.” The judge accepted Khoza’s version that the toy gun was planted and found his arrest and detention unjustified.

The court also relied on a medical report from surgeon Dr ND Thikhathali, who confirmed Khoza suffered long-term impairment and loss of function in his right arm due to the shooting.

What The Ruling Means

The High Court ordered the Minister of Police to pay:

• R395,000 for the unlawful shooting

• R135,000 for the unlawful detention

The ruling adds to a growing list of judgments criticising police conduct in South Africa, especially in cases involving questionable arrests and excessive force. For Khoza, it marks the end of a years-long battle to have his story believed.

{Source:IOL}

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